+ Foreign Corrupt Practices Act and Public Corruption

• Represented a global media and entertainment company in a DOJ FCPA investigation of conduct in China. The government declined to file charges against client.
• Represented United States as co-lead trial attorney in investigation and prosecution of bribes paid to foreign officials in Thailand in the Bangkok International Film Festival Case . Convicted defendants in multi-week jury trial. Froze millions of dollars in assets, including from offshore jurisdictions. Judgments affirmed on appeal.
• Represented United States in prosecution of elected government official and associates. Convicted defendants following 5-week trial. Forfeited proceeds of crimes. Awarded the United States Department of Justice Director’s Award for conduct of the investigation and prosecution.
• Represented individual subject in government investigation and grand jury proceedings into suspected domestic political corruption, campaign fraud, and obstruction offenses by a senior U.S. Executive Branch official and others. The government filed no charges against client.
• Represented United States in investigating and successfully charging corrupt criminal conduct by foreign official in oil and gas industry in the Petroleos de Venezuela, S.A. Investigation. Obtained forfeiture of stolen assets.
• Represented an energy company in connection with multiple whistleblower complaints about alleged FCPA violations, and related contacts with U.S. enforcement authorities, concerning conduct at joint ventures in the former Soviet Union. The government declined to file charges against client.
• Represented an extractive industry company in connection with FCPA internal investigations concerning conduct in its African and Asian affiliates.
• Advised an industrial minerals company on government demands in negotiations of one the largest FCPA settlements in history.
• Defended two executives of a major global food and beverage company in government civil and criminal investigations of FCPA allegations in multiple overseas subsidiaries. Notwithstanding a civil settlement by the company, the government filed no charges against either client.
• Represented conglomerate in multiple FCPA internal investigations of overseas subsidiaries. As for one subsidiary, the client reported to government the evidence uncovered as to FCPA violations but also detailed its steps in remediation, thus obtaining a full declination.
• Represented numerous companies and private equity funds in connection with anti-corruption risk assessment and the design and implementation of anti-corruption compliance programs;
• Represented numerous companies and private equity funds in connection with dozens of third-party and transactional FCPA due diligence exercises in Asia, Africa, South America, and Australia.
• Represented a company in World Bank sanctions proceedings where it was charged with collusion, corruption, fraud, and obstruction of justice.
• Counseled subject of criminal FCPA investigation on settlement options and potential defenses in pre-indictment negotiations with DOJ.
• Counseled target of federal investigation of City of Los Angeles corruption investigation on pre-indictment plea options.
• Investigated for the United States various major U.S., foreign corporations and related individuals for violations of the Foreign Corrupt Practices Act ("FCPA"), U.S. Travel Act, and anti-money laundering statutes.
• Coordinated DOJ assistance to Thailand based on prior U.S. investigation of Bangkok International Film Festival Case, resulting in 50-year sentence of corrupt official. Assisting Thailand in recovering stolen assets from overseas jurisdictions.

+ Money Laundering

• Obtained full dismissal of federal money laundering, structuring, and related charges against company executive before trial, and obtained order for return of seized funds. Addressing the defendant, the Court commented: "You are fortunate to find yourself in the position you are in today . . . . You have a second lease on life, a lot because of the hard work of defense counsel, who did a terrific job . . . . You dodged a bullet."
• Brought for the United States the first-ever criminal indictment under money laundering law prohibiting international transactions promoting foreign bribery where the defendant was a bribe-taking foreign official. This theory was later followed in the FIFA case and other successful prosecutions.
• Represented United States in successful criminal action against leaders of organized crime syndicate for large-scale healthcare fraud, money laundering, and tax fraud. Obtained convictions and multi-million dollar asset forfeitures, including from overseas jurisdiction.

+ Securities Fraud, Investment Fraud, Healthcare Fraud, Tax Fraud and Other Fraud

• Defended a hedge fund against government allegations of soft money violations of the securities laws. After Wells submission, the government issued a no-action letter, citing the submission in the exercise of its discretion.
• Successfully represented defendant in federal stock manipulation case involving client’s extradition from a foreign country.
• • Counseled whistleblower in reporting to the government various false or misleading claims by parties to a SPAC transaction on a U.S. stock exchange.

• Represented United States as lead trial attorney in successful trial of Klein Conspiracy case against professional money launderer who assisted tax fraud.

• Represented United States as co-lead trial attorney in successful trial of tax fraud case against bribe payor who deducted bribes on tax returns as business expenses.

• Represented United States in obtaining guilty pleas from defendants who filed false tax returns under-reporting income, failing to report foreign bank account holdings, and deducting bribes as business expenses.

• Represented United States in successful criminal action against leaders of organized crime syndicate for large-scale healthcare fraud, money laundering, and tax fraud. Obtained convictions and multi-million dollar asset forfeitures, including from overseas jurisdiction.
• Represented criminal defendant in federal criminal action for health care fraud in wide-ranging district court motions practice. Successfully moved for and obtained rare court order directing U.S. Justice Department to identify exculpatory evidence amidst its massive production of electronic discovery consisting of healthcare and other business data.

+ Criminal (Other)

• Obtained dismissal of federal arms export control act violation against company executive before trial. Addressing the defendant, the Court commented: "You are fortunate to find yourself in the position you are in today . . . . You have a second lease on life, a lot because of the hard work of defense counsel, who did a terrific job . . . . You dodged a bullet."
• Defended the chief executive officer of a public company in connection with a criminal investigation by a federal, state, and local task force of alleged violations of safety regulations that the government contended resulted in multiple fatalities. Notwithstanding filing criminal charges against the company resulting in guilty verdict, the government filed no charges against client.
• Defended an aerospace company in a government investigation of alleged export controls violations. The government filed no charges against client.
• Represented United States in successful criminal action against elected official and associates for obstructing a grand jury investigation.
• Represented individual subject in Special Counsel Robert Mueller’s investigation of suspected foreign interference in U.S. domestic political affairs and foreign relations. Assisted client when subpoenaed for documents and testimony. Advised on related congressional oversight, regulatory, media, and employer issues. The government filed no charges against client.
• Public Interest Thought Leadership and Strategic Litigation – Coordinated initiatives by public interest clients to advance strategic criminal and civil litigation against perpetrators of environmental and human rights abuses. Advised Non-Governmental Organizations on applicability of U.S. laws, methods of cooperation with enforcement authorities, and investigations. Referred evidence on bad actors to U.S. government, resulting in investigation.
• Policy consulting for public international organizations on law enforcement and Rule of Law issues including for UN Office on Drugs and Crime and Pan American Development Foundation.

+ Litigation

• Defended major securities broker in then-largest ever lawsuit for damages from investment losses brought by a group of municipalities. Filed summary judgment motion challenging plaintiffs’ claims alleging ownership of investment securities subject to financing agreements. Client settled the case out of court.
• Successfully moved for summary judgment in favor of defendant in a multi-million dollar commercial dispute over a finder's fee in a federal diversity jurisdiction lawsuit. Successfully defended grant of summary judgment on appeal to the U.S. Court of Appeals for the Ninth Circuit.
• Prosecuted and defended antitrust claims for global electronics corporation in separate alleged global price-fixing cartels.
• Successfully defended subpoena demands brought against client as a third-party document custodian in litigation over proposed merger gone awry.
• Successfully counseled client in resisting application by adversary for document subpoena power to assist in foreign judicial proceedings under Title 28, United States Code, Section 1782.
• Counseled through bench trial before federal district judge a civil defendant subject to global asset seizure by U.S. Government in trial of Federal Trade Commission consumer fraud case. Successfully crafted arguments that reduced damages and injunctive remedies before client reached settlement.
• Represented plaintiff in corruption victim restitution matter before U.S. Government.

+ Appeals

Representative appellate experience includes the following:

• Successfully defended grant of summary judgment on appeal to the U.S. Court of Appeals for the Ninth Circuit, after obtaining summary judgment in favor of defendant in a multi-million dollar commercial dispute over a finder's fee in a federal diversity jurisdiction lawsuit.
• Represented United States in federal court of appeals in expedited appeal of crime-fraud exception rulings by the district court. Won affirmance of rulings permitting discovery.
• Led pro bono representation of permanent resident alien in federal court of appeals in immigration matter. Won precedent-setting ruling on the novel legal question of whether an expunged foreign conviction for simple marijuana possession can serve as the basis for deportation.
• Successfully represented United States in defense appeal of convictions of elected government official and associates for various corruption-related offenses following five-week jury trial.
• Serve as Law Clerk to the Honorable A. Wallace Tashima on the U.S. Court of Appeals for the Ninth Circuit, in Pasadena.

+ Independent Investigations

Representative experience in independent investigations includes the following:

• Represented conglomerate in multiple FCPA internal investigations of overseas subsidiaries. As for one subsidiary, the client reported to government the evidence uncovered as to FCPA violations but also detailed its steps in remediation, thus obtaining a full declination.
• Led an FCPA internal investigation of conduct in the China affiliate of a private equity fund.
• Conducted for acquiring company a series of due diligence investigations into potential foreign bribery and antitrust issues at companies to be acquired.